Disposal Of
Background Reports: New Rules Require Proper Disposal Of Consumer Information
A new federal rule
requires businesses and individuals to take appropriate measures to dispose of
sensitive information derived from consumer reports. Any business or individual
who uses a consumer report for a business purpose is subject to the
requirements of the Disposal Rule, a part of the Fair and Accurate Credit
Transactions Act of 2003 (FACTA), which calls for the proper disposal of
information in consumer reports and records to protect against
"unauthorized access to or use of the information."
The standard for the
proper disposal of information derived from a consumer report is flexible, and
allows the organizations and individuals covered by the Rule to determine what
measures are reasonable based on the sensitivity of the information, the costs
and benefits of different disposal methods, and changes in technology. Although
the Disposal Rule applies to consumer reports and the information derived from
consumer reports, the FTC encourages those who dispose of any records
containing a consumer's personal or financial information to take similar
protective measures.
The Rule applies to
people and both large and small organizations that use consumer reports, including:
consumer reporting companies; lenders; insurers; employers; landlords;
government agencies; mortgage brokers, car dealers; attorneys; private
investigators; debt collectors; individuals who pull consumer reports on
prospective home employees, such as nannies or contractors; and entities that
maintain information in consumer reports as part of their role as a service
provider to other organizations covered by the Rule.
The Disposal Rule applies
to consumer reports or information derived from consumer reports. The Fair
Credit Reporting Act defines the term consumer report to include information
obtained from a consumer reporting company that is used - or expected to be
used - in establishing a consumer's eligibility for credit, employment, or insurance,
among other purposes. Examples of consumer reports include credit reports,
credit scores, reports businesses or individuals receive with information
relating to employment background, check writing history, insurance claims,
residential or tenant history, or medical history.
The Rule requires
disposal practices that are reasonable and appropriate to prevent the
unauthorized access to - or use of - information in a consumer report. For
example, reasonable measures for disposing of consumer report information could
include establishing and complying with policies to: burn, pulverize, or shred
papers containing consumer report information so that the information cannot be
read or reconstructed; destroy or erase electronic files or media containing
consumer report information so that the information cannot be read or
reconstructed; or conduct due diligence and hire a document destruction
contractor to dispose of material specifically identified as consumer report
information consistent with the Rule. Due diligence could include: reviewing an
independent audit of a disposal company's operations and/or its compliance with
the Rule; obtaining information about the disposal company from several
references; requiring that the disposal company be certified by a recognized
trade association; or reviewing and evaluating the disposal company's
information security policies or procedures.
Financial institutions
that are subject to both the Disposal Rule and the Gramm-Leach-Bliley (GLB)
Safeguards Rule, which requires institutions to take steps to protect sensitive
customer information, should incorporate practices dealing with the proper
disposal of consumer information into the information security program that the
Safeguards Rule requires. Information is available at http://www.ftc.gov/privacy/privacyinitiatives/safeguards.html.
The FTC has issued a new
publication, "New Rule Seeks to Protect Privacy by Requiring Proper Disposal of
Sensitive Consumer Information," available at http://www.ftc.gov/bcp/conline/pubs/alerts/disposalalrt.htm,
to educate businesses about the new requirements.